Legal Opinion
John Barren, an Incompetent, by His Guardian, Henrietta Barren v. United States
Court of Appeals for the Third Circuit
Decided March 28, 1988No. 87-5314PublishedCited by 77 opinions
1Opinion of the Court
*988OPINION OF THE COURT
COWEN, Circuit Judge.
This appeal is from an order which entered judgment in favor of plaintiff awarding damages on a claim of medical malpractice, brought pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq. Since plaintiff failed to file his notice of claim within two years after its accrual, as required by 28 U.S.C. § 2401(b),1 and the time in which he had to make his claim was not tolled or otherwise excused, his claim was time-barred. We therefore will reverse the judgment in plaintiffs favor.
I
Plaintiff, John Barren, enlisted in the United States…
2Cases cited17 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- United States v. SherwoodSupreme Court of the United States · 1941
- United States v. KubrickSupreme Court of the United States · 1979
- Soriano v. United StatesSupreme Court of the United States · 1957
- Victoria Rosales Jesus Rosales Rebecca Rosales v. United StatesCourt of Appeals for the Ninth Circuit · 1987
12 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Dean Hedges v. United States of America Environmental Moorings InternationalCourt of Appeals for the Third Circuit · 2005
- Kach v. Hose ex rel. St. Moritz Security Services, Inc.Court of Appeals for the Third Circuit · 2009
- Elizabeth J. Arnold Lake Justin Wilson Lake, Husband and Wife v. Frederick S. Arnold Audrey L. Arnold, Husband and Wife Daniel M. Friday M.D. Tyrone Hospital Ralph W. Crawford M.DCourt of Appeals for the Third Circuit · 2000
- Lake v. ArnoldCourt of Appeals for the Third Circuit · 2000
- Stephen Barnhart v. United StatesCourt of Appeals for the Seventh Circuit · 1989
72 more not listed; retrieve them via the Exa API.